Books: 'Bilateral investment treaties (BITs)'

1

Hallward-Driemeier, Mary. Do bilateral investment treaties attract foreign direct investment?: Only a bit ... and they could bite. Washington, D.C: World Bank, 2003.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

2

Margrete, Stevens, and International Centre for Settlement of Investment Disputes., eds. Bilateral investment treaties. The Hague: M. Nijhoff, 1995.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

3

Bilateral investment treaties: History, policy, interpretation. New York: Oxford University Press, 2010.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

4

Vandevelde, Kenneth J. Bilateral investment treaties: History, policy, and interpretation. Oxford: Oxford University Press, 2010.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

5

Sasse, Jan Peter. An Economic Analysis of Bilateral Investment Treaties. Wiesbaden: Gabler, 2011. http://dx.doi.org/10.1007/978-3-8349-6185-3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Sasse, Jan Peter. An Economic Analysis of Bilateral Investment Treaties. Wiesbaden: Gabler Verlag / Springer Fachmedien Wiesbaden GmbH, Wiesbaden, 2011.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

7

Borjas, José Antonio Muci. El derecho administrativo global y los tratados bilaterales de inversión (BITs). Caracas: Editorial Jurídica Venezolana, 2007.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

8

Blonigen, Bruce A. Do bilateral tax treaties promote foreign direct investment? Cambridge, MA: National Bureau of Economic Research, 2002.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

9

Shuang bian tou zi tiao yue yu Zhongguo neng yuan tou zi an quan: Bilateral investment treaty and protection on energy investment of China. Shanghai Shi: Fu dan da xue chu ban she, 2012.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

10

Daniels, Ronald J. Defecting on development: Bilateral investment treaties and the subversion of the rule of law in the developing world. [Toronto]: University of Toronto, Faculty of Law, 2004.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

11

United States. Congress. Senate. Committee on Foreign Relations. Bilateral investment treaties, Treaty docs. 99-14 and 101-18: Hearing before the Committee on Foreign Relations, United States Senate, One Hundred First Congress, second session, September 18, 1990. Washington: U.S. G.P.O., 1990.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

12

(Pakistan), Research Society of International Law. Protecting investor rights - bilateral investment treaties and other alternatives for Pakistan: A seminar conducted by research society of international law in collaboration with Konrad-Adenauer-Stiftung. [Lahore ]: Research Society of International Law, 2014.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

13

Bilateral investment treaties with Azerbaijan, Bahrain, Bolivia, Croatia, El Salvador, Honduras, Jordan, Lithuania, Mozambique, Uzbekistan, and a protocol amending the bilateral investment treaty with Panama: Report (to accompany treaty docs. 106-47; 106-25; 106-26; 106-29; 106-28; 106- 27; 106-30; 106-42; 106-31; 104-25; and 106-46). [Washington, D.C: U.S. G.P.O., 2000.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

14

United States. Congress. Senate. Committee on Foreign Relations. Protocols amending the existing bilateral investment treaties with new European Union member nations: Report (to accompany Treaty Docs. 108-13, 108-15, 108-17, 108-18, 108-19, 108-20, 108-21, and 108-22). [Washington, D.C: U.S. G.P.O., 2004.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

15

Relations, United States Congress Senate Committee on Foreign. Bilateral treaties concerning the encouragement and reciprocal protection of investment, Treaty doc. 104-19 ... 103-36 ... 103-38 ... 104-13 ... 103-35 ... 104-12 ... 104-10 ... 104-14 ... 103-37 ...: Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Fourth Congress, first session, November 30, 1995. Washington: U.S. G.P.O., 1996.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

16

United States. Congress. Senate. Committee on Foreign Relations. Bilateral investment treaties with the Czech and Slovak Federal Republic, the Peoples' Republic of the Congo, the Russian Federation, Sri Lanka, and Tunisia, and two protocols to treaties with Finland and Ireland : hearing before the Committee on Foreign Relations, United States Senate, One Hundred Second Congress, second session, August 4, 1992. Washington: U.S. G.P.O., 1992.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

17

United States. Congress. Senate. Committee on Foreign Relations. Bilateral investment treaties with Argentina, Treat doc. 103-2, Armenia, Treaty doc. 103-11, Bulgaria, Treaty doc. 103-3, Ecuador, Treat doc. 103-15, Kazakhstan, Treaty doc. 103-12, Kyrgyzstan, Treaty doc. 103-13, Moldova, Treaty doc. 103-14, and Romania, Treaty doc. 102-36: Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Third Congress, first session, September 10, 1993. Washington: U.S. G.P.O., 1993.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

18

United States. Congress. Senate. Committee on Foreign Relations. Bilateral investment treaties with Argentina, Treat doc. 103-2; Armenia, Treaty doc. 103-11; Bulgaria, Treaty doc. 103-3; Ecuador, Treat doc. 103-15; Kazakhstan, Treaty doc. 103-12; Kyrgyzstan, Treaty doc. 103-13; Moldova, Treaty doc. 103-14; and Romania, Treaty doc. 102-36: Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Third Congress, first session, September 10, 1993. Washington: U.S. G.P.O., 1993.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

19

Ranjan, Prabhash. India and Bilateral Investment Treaties. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199493746.001.0001.

Full text

Abstract:

Many countries have started contesting international investment treaties that allow foreign corporations to sue sovereign states for alleged treaty breaches at international arbitration forums. This contestation has taken the form of either countries terminating their investment treaties or walking out of the investor–state dispute settlement (ISDS) system. India has also jumped on the contestation bandwagon. As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model bilateral investment treaty (BIT) purportedly to balance investment protection with the host state’s right to regulate. This book critically studies India’s approach towards BITs by tracing the origin, evolution, and the current state of play. The book does so by locating it in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and India’s policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947 to 1990) and economic liberalism (1991 to 2010). However, post 2010; India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. In order to balance investment protection with the state’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

APA, Harvard, Vancouver, ISO, and other styles

20

Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 8 Arbitration under Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0008.

Full text

Abstract:

This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state contracts. The travaux préparatoires of the Convention also made clear that the consent of the state to arbitration could be established through the provisions of an investment law, which prompted many states to develop a programme of bilateral treaties for the promotion and protection of investments, so-called bilateral investment treaties (BITs), which set out protections in favour of foreign investment. The dramatic growth of BITs since the mid-1980s has led to the adoption of similar provisions in the ‘investment chapters’, or collateral agreements, to multilateral economic cooperation treaties, such as the Association of Southeast Asian Nations (ASEAN) Comprehensive Investment Agreement.

APA, Harvard, Vancouver, ISO, and other styles

21

Norah, Gallagher, and Shan Wenhua. Chinese Investment Treaties. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.001.1.

Full text

Abstract:

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. This book is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China, and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book reviews and analyzes China's approach to foreign investment. It considers the current role of investment treaties in China's foreign economic policy, analyzes and interprets the key provisions of the BITs, and discusses the future agenda of China's investment program. It looks at how this investment regime interconnects with the domestic system and considers the implications for a foreign investor in China.

APA, Harvard, Vancouver, ISO, and other styles

22

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 2 The Basic Features of Investment Treaties. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0002.

Full text

Abstract:

Chapter 2 introduces the reader to the basic features of investment treaties, with particular emphasis on two types of treaties under which investment arbitrations have arisen: bilateral investment treaties (BITs) and multilateral investment treaties. It first discusses the structure of BITs, focusing on provisions in such areas as substantive rights, compensation for losses (war clause), free transfer of payments, dispute settlement, and subrogation. It then examines the common provisions of four major multilateral investment treaties, namely: NAFTA; the Energy Charter Treaty; the ASEAN Comprehensive Investment Agreement and the newly-concluded Trans-Pacific Partnership Agreement (not yet in force).

APA, Harvard, Vancouver, ISO, and other styles

23

Roberto, Echandi. Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 1 Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule-making. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0001.

Full text

Abstract:

This chapter argues that investment disputes, particularly those that have arisen in the context of the implementation of NAFTA, have influenced the refinement of the provisions of new generation international investment agreements (IIAs) as well as the inclusion of a series of procedural and substantive innovations. It addresses the main distinction between BITs and investment chapters in preferential trade agreements (PTAs), focusing on the evolution of their respective rationales. It looks at the main features of the new generation of IIAs and explains how such features respond to challenges derived from the interpretation of substantive and procedural provisions included in previous agreements. The discussion is organized under two themes: (i) moving from the original exclusive focus on investment protection towards also promoting liberalization of investment flows; and (ii) the impact of investor-state dispute settlement on investment rule-making.

APA, Harvard, Vancouver, ISO, and other styles

24

Hallward-Driemeier, Mary. Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit … and They Could Bite. The World Bank, 2003. http://dx.doi.org/10.1596/1813-9450-3121.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Chaisse, Julien, ed. China's International Investment Strategy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198827450.001.0001.

Full text

Abstract:

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

APA, Harvard, Vancouver, ISO, and other styles

26

Broude, Tomer, Yoram Z. Haftel, and Alexander Thompson. Who Cares about Regulatory Space in BITs? A Comparative International Approach. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0024.

Full text

Abstract:

Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contest that claim. This chapter analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties. The chapter is comprised of six sections. Section I is an introduction covering the impact of investor-state dispute settlement on state regulatory space. Section II discusses bilateral treaty-making and comparative international law research. Section III describes the comparative landscape of renegotiated BITs, and Section IV provides a comparative BIT content analysis and SRS. Section V sets forth a comparative empirical analysis of ISDS provisions. Section VI presents conclusions.

APA, Harvard, Vancouver, ISO, and other styles

27

Norah, Gallagher, and Shan Wenhua. 8 Settlement Of Investor–State Disputes. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.008.

Full text

Abstract:

The dispute-resolution provisions in bilateral investment treaties (BITs) have become the “ultimate” investor protection in modern investment treaties. This chapter reviews the different types of dispute-resolution provisions of the Chinese BITs. It first looks at the choice of arbitrations made in its treaties, ICSID, ad hoc, or other arbitration rules. It then continues to review the two main types of investor-state dispute-resolution clauses in China's BITs: restrictive—where the BIT permits international arbitration of disputes on the amount of compensation for expropriation only; and more liberal or expansive—which allows access to international arbitration for all disputes between the investor and host state. It then considers a topic of particular interest right now for investors and potential investors in China: the application of the MFN clause to dispute resolution. Finally, it looks at the applicable law to dispute settlement and the requirement to exhaust domestic remedies.

APA, Harvard, Vancouver, ISO, and other styles

28

Norah, Gallagher, and Shan Wenhua. 7 Expropriation and Compensation. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.007.

Full text

Abstract:

Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

APA, Harvard, Vancouver, ISO, and other styles

29

Christina, Binder. Part I The UNDRIP’s Relationship to Existing International Law, Ch.4 The UNDRIP and Interactions with International Investment Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780199673223.003.0005.

Full text

Abstract:

This chapter examines the relationship of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to international investment and economic law. Interactions between international investment law and indigenous rights are becoming more frequent. On the one hand, there is a quantitative increase in foreign investments. These investments are protected by an ever denser net of bilateral investment treaties (BITs). On the other hand, indigenous peoples' territories are often resource-rich areas with significant attraction for foreign investors. This entails a considerable risk that investment projects on indigenous territories encroach upon indigenous rights. Negative consequences include detrimental impacts on indigenous peoples' relationship to their lands, environmental degradation, and pollution. These risks are even more acute, given the importance of lands for indigenous culture. Thus, indigenous rights increasingly conflict with the rights of foreign investors and show an evident need for coordination between both systems — indigenous peoples' rights and international investment law.

APA, Harvard, Vancouver, ISO, and other styles

30

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 3 Dispute Resolution Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0003.

Full text

Abstract:

Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.

APA, Harvard, Vancouver, ISO, and other styles

31

Antonio R, Parra. 11 “The Premier International Investment Arbitration Facility in the World”. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767466.003.0011.

Full text

Abstract:

This chapter examines activities of the Centre from the start of 2011 to the end of June 2015. Almost 50 percent more cases were registered at ICSID in that period compared to the previous five years. The chapter provides some statistics on the cases of this period. As in the decade before, it shows, most the cases were brought to ICSID on the basis of the dispute settlement provisions of investment treaties, mostly bilateral investment treaties (BITs) (in over 60 percent of the cases). A large proportion of the cases (more than ten percent) came to ICSID under the Energy Charter Treaty (ECT). Cases submitted to the Centre pursuant to the dispute resolution clauses of investment contracts made up for a smaller share of the total. A handful (5 percent) of the cases were initiated under dispute settlement provisions of an investment law of the host State. The chapter then looks at institutional developments of ICSID during the period and considers new challenges that ICSID might meet in the future.

APA, Harvard, Vancouver, ISO, and other styles

32

Norah, Gallagher, and Shan Wenhua. 5 Monetary Transfer. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.005.

Full text

Abstract:

The transfer or repatriation of funds provision in bilateral investment treaties (BITs) is at the heart of the object and purpose of an investment treaty. The main aim of BITs is to encourage investment by investors of one state into the other state. This chapter discusses the types of payments covered in the repatriation provisions in China's BITs. It includes the scope of the clause and whether it covers both outward and inward transfer of funds. It looks at the types of payments that are covered by the transfer provisions and whether it is an illustrative list or an exhaustive one. It then considers the important provision on convertibility and exchange rates, what they mean, and when they are designated. Finally, the chapter looks at provisions typical to China's BIT provisions on transfer of funds, in particular the limitation on monetary transfers to compliance with “domestic laws and regulations.” The chapter also considers briefly the impact of the pending litigation before the ECJ against several member states on the scope of the transfer provisions in some of their BITs (including some with China) entered into before acceding to the EC Treaty.

APA, Harvard, Vancouver, ISO, and other styles

33

Centre on Transnational Corporations (United Nations), ed. Bilateral investment treaties. London: Published in co-operation with the United Nations by Graham & Trotman, 1988.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

34

Centre on Transnational Corporations (United Nations), ed. Bilateral investment treaties. New York: United Nations, 1988.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

35

Antonio R, Parra. 9 ICSID from 1989 to 1999. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767466.003.0009.

Full text

Abstract:

This chapter deals with the last year of the 1980s and all of the subsequent decade. Though mostly placid for ICSID, the period was one of momentous change elsewhere in the World Bank Group and, of course, in the world at large. Section I describes the growing network of investment treaties, which was to have a tremendous impact on ICSID. The Multilateral Agreement on Investment episode is also discussed. There were many new signatures and ratifications of the ICSID Convention in the 1990s. They are recounted in Section II, which also looks at the working of the ICSID Secretariat during the decade. An overview of the cases submitted to ICSID between 1989 and 2000 is provided in Section III. Among them were the first Additional Facility cases. The Additional Facility cases, six of which were brought to the Centre under the investment chapter of the NAFTA, are examined in Section IV. The potential of bilateral investment treaties (BITs) to generate cases for ICSID started to be realized in earnest in this period. Several of the new BIT cases led to decisions that were particularly influential in the development of subsequent jurisprudence. These leading BIT cases are examined in Section V.

APA, Harvard, Vancouver, ISO, and other styles

36

Jeswald W, Salacuse. 13 Other Treatment Standards. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0013.

Full text

Abstract:

In addition to the usual treaty standards, individual investment treaties may impose other obligations on host states with respect to their treatment of investments and investors. Although these obligations were rarely the subject of arbitration or litigation in the early years of the bilateral investment treaty (BIT) movement, investors have increasingly alleged their violation in investor–state arbitral proceedings. This chapter discusses these treatment standards, including treatment with respect to performance requirements; the entry and residence of foreign nationals and managerial personnel; compensation for losses due to war, revolution, and civil disturbance; transparency and regulatory due process; and the subrogation obligation.

APA, Harvard, Vancouver, ISO, and other styles

37

Norah, Gallagher, and Shan Wenhua. 3 Fair And Equitable Treatment. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.003.

Full text

Abstract:

Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.

APA, Harvard, Vancouver, ISO, and other styles

38

Centre on Transnational Corporations (United Nations) and International Chamber of Commerce, eds. Bilateral investment treaties, 1959-1991. New York: United Nations, 1992.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

39

Claus von, Wobeser. 11 Mexico City. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0012.

Full text

Abstract:

This chapter evaluates the merits of Mexico as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Mexico; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Mexico is an attractive venue to conduct arbitration because of its complete and exhaustive legal framework, coupled with the availability of effective judicial assistance. Mexican law is modern and supportive of arbitration. The numerous free trade agreements and bilateral investment treaties (BITs) entered into by Mexico establish international arbitration as the primary means of resolving disputes. The adoption of the United Nations Commission on International Trade Law (UNCITRAL) Model Law and ratification of the New York Convention had also made the judicial approach towards the recognition and enforcement of arbitral awards favorable.

APA, Harvard, Vancouver, ISO, and other styles

40

United Nations Conference on Trade and Development, ed. Bilateral investment treaties 1995-2006: Trends in investment rulemaking. New York: United Nations, 2007.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

41

United Nations Conference on Trade and Development, ed. Bilateral investment treaties in the mid-1990s. New York: United Nations, 1998.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

42

Nations, United. Bilateral Investment Treaties in the Mid 1990s. United Nations Pubns, 1998.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

43

de Stefano, Carlo. Attribution in International Law and Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.001.0001.

Full text

Abstract:

This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.

APA, Harvard, Vancouver, ISO, and other styles

44

India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash. Oxford University Press, 2019.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

45

Vandevelde, Kenneth J. First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce and Navigation Treaties. Oxford University Press, Incorporated, 2017.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

46

P, Sauvant Karl, and Sachs Lisa E, eds. The effect of bilateral investment treaties and double taxation treaties on foreign direct investment flows. Oxford [England]: Oxford University Press, 2009.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

47

Myers, Greg. U. S. Bilateral Investment Treaty Program and Foreign Direct Investment Flows. Nova Science Publishers, Incorporated, 2013.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

48

Jeswald W, Salacuse. The Law of Investment Treaties. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.001.0001.

Full text

Abstract:

Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book examines systematically the law of international investment treaties. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments. Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. Beyond growth, the field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.

APA, Harvard, Vancouver, ISO, and other styles

49

David W, Rivkin, and Friedman Mark W. 5 Financial Products as Investments under Bilateral Investment Treaties and Other Multilateral Instruments with Consents to Arbitration. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.003.0005.

Full text

Abstract:

This chapter discusses the status of financial products as qualifying investments under bilateral and multilateral treaties that contain protections for foreign investment, including the signatory States' consent to submit investor-State disputes to international arbitration. It first describes how an investor and a State consent to proceed to arbitration under such a treaty. Second, it discusses how a qualifying investment is generally defined for purposes of investor-State treaty arbitration. Third, it addresses significant treaty and case law developments relating specifically to financial products — such as loan agreements, sovereign bonds, and derivatives — as qualifying investments. These developments shed light on the key questions of whether an investment exists; whether the investment was made in the territory of the host State; and whether the investment was made by the claimant investor. The chapter concludes with comments on the trend favouring inclusion of financial instruments within the definition of investment.

APA, Harvard, Vancouver, ISO, and other styles

50

Schill, Stephan W. Sources of International Investment Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0051.

Full text

Abstract:

This chapter discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional, multilateral investment treaties and investment chapters in free trade agreements, focusing specifically on particularities this field of international law displays in comparison to general international law. It first addresses the importance of bilateral treaties in international investment law and shows that their bilateral form is not opposed to the emergence of a genuinely multilateral regime that behaves as if it was based on multilateral sources. The chapter then considers the pre-eminent importance arbitral decisions assume in determining and developing the content of rights and obligations in the field. Next, the chapter looks at the increasing influence of comparative law and the influence of soft law instruments. It argues that the specific sources mix in international investment law is chiefly connected to the existence of compulsory dispute settlement through investment treaty arbitration and the sociological composition of those active in the field.

APA, Harvard, Vancouver, ISO, and other styles

Books on the topic 'Bilateral investment treaties (BITs)'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles